Legal Opinion

Swift v. Continental Oil & Cotton Co.

Court of Appeals of Texas

Decided June 27, 1914No. 7957PublishedCited by 6 opinions

Appeal from District Court, Taylor County ; Thomas L. Blanton, Judge. Action by Swift & Co. against the Continental Oil & Cotton Company. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtDunklin, J.

On December 5, 1906, the Continental Oil & Cotton Company, of Abilene, Tex., contracted to sell to Swift & Co., of Chicago, 15 tank cars of choice butter oil at 35 cents per gallon, to be paid for upon presentation of sight drafts drawn by the seller with bills of lading attached; the oil to be delivered 5 tanks in each of the months of January, February, and March, 1907, the buyer agreeing to furnish tank cars to receive the same at Abilene, and the terms of sale being f. o. b. at Abilene. The seller guaranteed weights and- quality. The Continental Oil & Cotton Company was engaged in…

2Cases cited3 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. Smoot's CaseSupreme Court of the United States · 1873
  3. Kilgore v. Northwest Texas Baptist Educational Ass'nTexas Supreme Court · 1896

3Cited by6 opinions

  1. Humphrey v. Placid Oil CompanyDistrict Court, E.D. Texas · 1956
  2. Merchants' Cotton Oil Co. v. Acme Gin Co.Court of Appeals of Texas · 1926
  3. Rooker v. Deering Southwesern Railway Co.Missouri Court of Appeals · 1920
  4. Garner v. Beaumont Cotton Oil Mill Co.Court of Appeals of Texas · 1919
  5. Mason v. SlaughterCourt of Appeals of Texas · 1917

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